2020 (8) TMI 846

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..... R. Premi, Jt. CIT(DR)(ITAT), Bengaluru. ORDER Per N.V. Vasudevan, Vice President This is a miscellaneous petition [MP] filed by the assessee u/s. 254(2) of the Income-tax Act, 1961 [the Act] praying that the order of Tribunal dated 30.11.2019 suffers from a mistake apparent on the face of record and should be rectified. 2. The issue that arose for consideration in the aforesaid appea....

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....e other two issues referred to above academic and are not being adjudicated. 4. In this MP, the assessee has pointed out that even after allowing deduction u/s. 54 of the Act, there would still be long term capital gain that would be chargeable to tax and therefore adjudication of the other two issues would also be vital. It was submitted that the order of Tribunal suffers from a mistake appare....

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....ed the submissions of the ld. counsel for the assessee and are of the view that there is a mistake apparent on the face of record inasmuch as even after allowing deduction u/s 54 of the Act, there would still be long term capital gain that would be chargeable to tax and therefore the question of period from which indexation benefit should be allowed to the assessee ought to have been adjudicated. ....